1.1 - CYP & Families

Question 1

Section 39(1) & (2) - What is a Place of Safety Warrant?

Answer 1

(1) Any DCJ or Issuing Officer who is satisfied there are RGtS that the CYP is suffering or likely to suffer Ill-Treatment, Harm, Abuse, Neglect, Deprivation may issue a warrant authorising any constable to search for the CYP.
S.I.T.H.A.N.D.

(2) This application can be made by a Const or Chief Exec.

(Section 39 - Just in Time)

Question 2

Section 39(3) - What does the Place of Safety warrant allow?

Answer 2

Any person executing the warrant may:

• Enter and search by force if necessary, any dwelling house, building, premises, place, vehicle, ship, carriage, aircraft (Remember 4x4, 4 properties / 4 vehicles)
• If person BoRG the CYP S.I.T.H.A.N.D. may remove or detain the CYP by force if needed and place in the custody of Chief Exec or;
• If they’re in Hospital, direct Medical Superintendent to keep them in Hospital.

Question 3

Section 42(1) - Search Without Warrant - Explain your powers.

Answer 3

Any Const who BoRG it is critically necessary to protect a CYP from injury or death may without warrant:

• Enter and search by force if necessary any 4X4.
• Remove or detain by force if necessary any CYP and place into custody of the Chief Exec.

(Section 42 - I’ll Protect You)

Question 4

Section 42(2) & (3) - Explain your requirements when executing S42.

Answer 4

(2) Every Const who exercises this power must upon entering any 4X4:
- Produce evidence of I/D.
- Disclose powers being exercised.

(3) Any Constable who exercises this power shall write a report within 3 days and forward to the Commissioner of Police.

Question 5

Section 48(1) - Unaccompanied CYP - Explain your powers.

Answer 5

CYP found unaccompanied by their parent or guardian in circumstances where physical or mental heal is being or likely to impaired, any Const may (using such force as reasonably necessary) take the CYP and;
- With CYP consent deliver to parent, guardian or other person who has care or;
- If they do not wish to be delivered to the parent, guardian or other person is not willing or able to take them, place into the care of the Chief Exec.

(Section 48 - Caught Out Late)

Question 6

Section 208 - What are the 7 principles in S208 of the OT Act?

Answer 6

1) ALTERNATIVE - Unless in the public interest, criminal proceedings (CP) should not occur if there are ALT means.
2) ADVANCE - CP should not occur solely to provide assistance or services to ADV the welfare or CYP/Family/Whanu.
3) STRENGTHEN - All measures when dealing with CYP should be designed to STR the Family or CYP and help develop the own ways to deal with CYP offending.
4) COMMUNITY - CYP should be kept in the COM where practicable and safe for public to do so.
5) SANCTIONS - Age is a mitigating factor when considering imposing SANC and the nature of the SANC.
6) LEAST - All sanctions imposed should be the least restrictive appropriate in the circumstances.
7) VICTIMS - Victims views should be considered.

A.A.S.C.S.L.V.

Question 7

Section 214 - What grounds must exist before arresting a CYP?

Answer 7

Arrest only if you’re SRG that: (P.E.E.P)
- Proceeding by way of summons would not achieve purpose.
- Ensure appearance in court.
- Evidence (prevent destruction or loss)
- Prevent further offending.

If officer has RCtS a Cat 3-4 offence has been committed.

Question 8

Section 214A - When can a CYP be arrested for breach of bail?

Answer 8

When the CYP has breached a condition of that bail and has 2 or more previous breaches relating to that bail.

Question 9

Who provides authority to arrest for 6D under S214A?

Answer 9

YA Sergeant, Supervising Sgt or qualified YA Officer.

Question 10

When do you inform a CYP of their rights?

Answer 10

215 - Before Q&A of CYP where there are RGtS they have committed an offence.
- If grounds to K9 for refusing to provide details and cannot be served with a summons.

215A - When Q&A a CYP in relation to their involvement in any offence.

216 - When an officer decides to charge a CYP.

217 - When arresting a CYP.

Question 11

Explain Section 218 of the OT Act in relation to giving a CYP their rights.

Answer 11

Explanations are required to be given in a manner and language appropriate to the age and level of understanding of the CYP.

Question 12

Section 219 - When do you not have to re-advise a CYP of their rights?

Answer 12

Nothing in sections 215, 215A, 216 and 217 requires the rights to re-given if they have been previously given in the last 1 hour.

Question 13

Section 221 - Explain the admissibility of statements made by a CYP.

Answer 13

No statement obtained from a CYP is admissible in court unless;
- They’ve had their rights given,
- Where they have wished to consult with a lawyer and/or nominated person.
- The lawyer and/or nominated person was present at the time of the station.

This does not apply if a spontaneous statement is made prior to Police being able to comply with the above requirements.

Question 14

Section 222 - Who can be a “nominated person”?

Answer 14

1) Parent or guardian of CYP
2) Adult member of the CYP’s family
3) Any other adult selected by the CYP
4) If CYP doesn’t nominate any person, then any person nominated by an officer (can’t be an officer)

Question 15

Section 222 - When can you refuse a “nominated person”?

Answer 15

1) When you believe the NP is likely to or will pervert the cause of justice or;

2) They cannot be located and reasonable measures have been taken to locate them.

Question 16

Section 222 - Describe the duty of a nominated person.

Answer 16

To ensure the CYP understands the matters explained to them and support the CYP throughout the Q&A/Statement being given.

Question 17

Section 234 - What are your requirements upon the CYP release?

Answer 17

Where a CYP is arrested, a Const shall;
1) Release the CYP;

2) Release the CYP on bail;

3) Deliver CYP to parent/guardian or iwi/cultural service or any other person/organisation approved by Chief Exec.

Question 18

Section 235 - Explain requirements if placing in the custody of OT following their arrest.

Answer 18

A Const must place the CYP in the custody of the Chief Exec and must do so within 24hrs of the arrest if 214 and/or 214A applies.

This is not for care and protection purposes.

Question 19

Section 236 - When may a YP who is arrested be detained in custody?

Answer 19

When a S/Sgt or above is SoRG the CYP is likely to abscond or be violent and suitable detention facilities are not available to the Chief Exec.

Question 20

Section 236 - What is required to hold a CYP in custody longer than 24hrs?

Answer 20

A joint certificate signed by both Police and OT on the grounds the CYP is likely to abscond, be violence and no facilities are available.

A.V.F.

Question 21

How long do you have to report a joint certificate set out in S236 of the OT Act?

Answer 21

A copy of the certificate and a report must be completed to the commissioner within 5 working days.

Question 22

Case law decisions - Pettus v R (S42 Removal of CYP)

Answer 22

Police actions criticized. 42 is an emergency power. It was not critically necessary to prevent danger/injury. Consider S39 Warrant.

Question 23

Case law decisions - Elia v R (S215 and 223 Rights/Caution)

Answer 23

Admission obtained for robbery, Police left and heard Nominated person advised they should not have said anything. New nominated person entered and Rights not re-given.

Question 24

Case law decisions - Police v T (S214 Detention & Custody)

Answer 24

Police need to get the CYP in front of the courts as soon as practicable. If arrested in the AM, present to Court in the PM.

Question 25

Case law decisions - Police v T-M (Arrest guidelines under S214 and 48)

Answer 25

S48 should not be used solely to take CYP into custody if they’re suspected of committing a crime. Grounds under S214 must be met for this purpose.

Question 26

Case law decisions - R v Kahu (S39 - What grounds were upheld)?

Answer 26

Police & Social worker entered under 39 Warrant, searching for food etc and subsequently came across cannabis. Mother arrested and charged and CYP taken into care.